ALTERNATIVE RITUALS OF WIDOW CLEANSING IN RELATION TO WOMEN’S SEXUAL RIGHTS IN ZAMBIA By EDWARD SAGUTI 215074907 Submitted in Fulfilment of the Academic Requirements for the Degree of MASTER OF ARTS In the SCHOOL OF RELIGION, PHILOSOPHY AND CLASSICS (Gender and Religion) COLLEGE OF HUMANITIES UNIVERSITY OF KWAZULU - NATAL (Pietermaritzburg Campus) SUPERVISOR DR. JANET MUTHUKI PIETERMARITZBURG December 2016 i | P a g e DECLARATION I, Edward Saguti, declare that: 1. The research reported in this thesis, except where otherwise indicated, is my original research. 2. This thesis has not been submitted for any degree or examination at any other university. 3. This thesis does not contain other persons’ data, pictures, graphs or other information, unless specifically acknowledged as being sourced from other persons. 4. This thesis does not contain other persons' writing, unless specifically acknowledged as being sourced from other researchers. Where other written sources have been quoted, then: a. Their words have been re-written but the general information attributed to them has been referenced b. Where their exact words have been used, then their writing has been placed in italics and inside quotation marks, and referenced. 5. This thesis does not contain text, graphics or tables copied and pasted from the Internet, unless specifically acknowledged, and the source being detailed in the thesis and in the References sections. Signed: ………………………… Date: ……………………………………... Supervisor Sign: ………………………………... Date: ………………………………………… ii | P a g e DEDICATION I dedicate this work to my mother Katarina Saguti and all women in sub-Saharan Africa, especially the women in rural areas who are subjected to various forms of traditional practices. iii | P a g e AKNOWLEDGEMENTS I would like to express my sincere gratitude to my supervisor Dr. Janet Muthuki. Had it not been for her intellectual guidance, advice, and motivation, I would have not been able to accomplish this thesis. Asante Sana! (Thank you very much). I would also like to thank the lecturers and students of the Gender, Religion and Health 2016 group for their exceptional support and shared knowledge through discussions and organized seminars. My special gratitude goes to the Church of Sweden for their financial support towards the facilitation and realization of this study. Lastly, I would like to thank every other person who has contributed in one way or another towards making my study a success. I acknowledge and remain grateful for your contribution. iv | P a g e ABSTRACT One cannot understand the alternative rituals of widow cleansing without having a full understanding of the ritual of widow cleansing itself. Widow cleansing is a ritual which demands a widow to have sexual intercourse with another man, normally one of her brothers-in-law in order to let the spirit of the deceased rest in peace among the dead. The rationale behind this ritual is the belief that the spirit of the deceased husband still recognizes the widow as his wife, hence interfering with any relationship the widow might establish. The ritual of widow cleansing was however challenged by various groups especially at the dawn of the HIV and AIDS pandemic. Through increased awareness about the HIV and AIDS malady and its widespread effects on human health, communities in Zambia have adopted alternative cleansing rituals to cleanse widows without the act of sexual intercourse. While many scholars have hailed the alternative rituals to the extent of encouraging them, the question about women’s sexual rights seem to have been ignored. Studies have shown that although the alternative rituals do not involve sexual contact, some of them are done in a manner that comprise the sexual rights of women. The disregards for and of women’s sexual rights causes the marginalization and denial of their social, political and economic rights. This thesis explores the alternative rituals of widow cleansing in relation to women’s sexual rights in Zambia. In this light, the study draws attention to the fact that women in Zambia are born and nurtured in the context of African culture and as such possess rights to live in a society that does not oppress or discriminate against them. Thus, it asserts that the government and citizens of Zambia have an obligation to make sure that women are not subjected to any traditional practices that undermine their sexual rights. However, the study recognizes that despite the presence of laws and legal structures aimed to protect the rights of women in Zambia, their lack of implementation especially in rural areas continue to be a challenge to women’s rights. Besides this, the study notes that since cleansing rituals have been practiced for a long time in Zambia and are embedded in the cultures of people, they cannot just be addressed through legislation. The most suitable way of addressing such practice is through education, negotiation and dialogue. This strategy for redress as proposed by this study is rationalized on the basis that negotiation comprises the process of compromise, which is give and take, and is inclusive of the local people in the dialogues and context of problem solving and the practice of cleansing rituals that contravenes the rights of women. Likewise, negotiation gives room to cultural transformation where men and women can live in communities free of practices that are not life-giving to women. Key Terms: Widow cleansing, alternative rituals, sexual rights, negotiation, cultural transformation v | P a g e ACRONYMS ACHPR African Charter on Human and People’s Rights ACHPRW African Charter on Human and People’s Rights on the Rights of Women ADF Africa Development Fund AIC African Independent Churches AIDS Acquired Immunodeficiency Syndrome CEDAW Convention on the Elimination of all forms of Discrimination against Women FBO Faith Based Organizations HIV Human Immunodeficiency Virus NGO Non-Government Organization SADC Southern African Development Commission TACAIDS Tanzania Commission on AIDS WHO World Health Organization YCWA Young Christian Women Association ZNWL Zambia National Women Lobby vi | P a g e TABLE OF CONTENTS ALTERNATIVE RITUALS OF WIDOW CLEANSING IN RELATION TO WOMEN’S SEXUAL RIGHTS IN ZAMBIA i DECLARATION ii DEDICATION iii AKNOWLEDGEMENTS iv ABSTRACT v ACRONYMS vi TABLE OF CONTENTS vii CHAPTER ONE 1 1. INTRODUCTION 1 1.1. Introduction 1 1.2. Background to the Study 1 1.3. Rationale of the Study 3 1.4. Research Problem 5 1.5. Objectives 6 1.6. Research Questions 6 1.7. The Scope of the Study 7 1.8. Positionality 7 1.9. Structure of the Study 8 1.10. Chapter Conclusion 10 CHAPTER TWO 12 LITERATURE REVIEW AND THEORETICAL FRAMEWORK 12 2.1. Introduction 12 2.2. Literature Review 12 2.2.1. Widow Cleansing: A Traditional African Religious Practice 12 2.2.2. Sexual Cleansing and the Alternatives in Other African Countries 15 2.2.3. Debates about Sexual Cleansing and the Alternatives in Zambia 17 2.3. The Study’s Point of Entry 21 2.4. Theoretical framework 21 2.4.1. African Feminist Theory 22 2.4.2. Social Construction Theory 23 2.4.3. Religious Functionalism Theory 25 2.5. Conclusion 26 vii | P a g e CHAPTER THREE 28 3. RESEARCH METHODOLOGY AND METHODS 28 3.1. Introduction 28 3.2. Research Paradigm 28 3.2.1. Systematic Literature Review 28 3.2.2. Qualitative content analysis 29 3.3. Delimitations of the Study 30 3.4. Ethical Considerations 30 3.5. Conclusion 30 CHAPTER FOUR 31 4. PERSPECTIVES ASSOCIATED WITH THE RITUAL OF WIDOW CLEANSING 31 4.1. Introduction 31 4.2. African Religion 31 4.2.1. Rituals in African Tradition Religion 35 4.2.2. Rituals for the Dead 36 4.2.3. Marriage and the Death of Spouse 37 4.2.4. The Ancestors 38 4.2.5. The Spirits 39 4.2.6. The Community 41 4.3. Meanings Associated with the Ritual of Widow Cleansing 42 4.3.1. Chasing the Spirit of the Dead 42 4.3.2. Ending the Marriage Bonds 44 4.3.3. Reintegration to the Community 44 4.3.4. Ending the Mourning period for the Widow 45 4.4. Widow Inheritance 46 4.5. Conclusion 48 CHAPTER FIVE 50 5. CONTESTATIONS AROUND THE RITUAL OF WIDOW CLEANSING 50 5.1. Introduction 50 5.2. The Role of Christianity 50 5.3. The Advent of HIV and AIDS 52 5.4. The Influence of Women’s Rights Activists 54 5.5. Individual Rights and Community Responsibilities 56 viii | P a g e 5.6. The Role of the Government of Zambia 57 5.7. The Reactions to the Challenges Over Sexual Cleansing 58 5.8. The Espousal of the Alternatives to Sexual Cleansing in Zambia 59 5.9. Conclusion 62 CHAPTER SIX 63 6. ALTERNATIVE RITUALS OF SEXUAL CLEANSING IN RELATION TO WOMEN’S SEXUAL RIGHTS IN ZAMBIA 63 6.1. Introduction 63 6.2. Alternative Rituals of Widow Cleansing in Zambia 64 6.2.1. Sliding Over 65 6.2.2. The use of Herbs and/or Roots 66 6.2.3. Skipping Over 66 6.2.4. Anointing Method 67 6.2.5. Using Married Couples 68 6.2.6. Trimming of Hair 68 6.2.7. Using Prayer 69 6.2.8. Placing a Hoe 70 6.2.9. Brushing of the Shoulders 70 6.2.10. Tattoos 70 6.2.11. Beads and Strings 71 6.2.12. Rolling Over the Grave 71 6.2.13. Throwing Mud 71 6.3. Implications of the Alternative Rituals of Widow Cleansing on Women’s Sexual Rights 72 6.3.1. Bodily Integrity 72 6.3.2. Isolation 73 6.3.3. Intimidation 74 6.3.4. Social Pressure 74 6.4. Conclusion 75 CHAPTER SEVEN 76 7.